EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0089* HOUSE BILL 89 E2 5lr0999 HB 667/24 – JUD (PRE–FILED) CF SB 152 By: Delegate Embry Requested: September 29, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judiciary Committee Report: Favorable House action: Adopted Read second time: February 27, 2025 CHAPTER ______ AN ACT concerning 1 Criminal Law – Crimes Relating to Animals – Conviction and Sentencing 2 FOR the purpose of establishing that certain crimes relating to animals do not apply to 3 certain activities; establishing that each animal harmed in a violation of a 4 prohibition against animal cruelty is a separate offense and shall be deemed an 5 individual victim for purposes of the sentencing guidelines stacking rule; 6 establishing that a conviction for a crime relating to animals may not merge with a 7 conviction for any other crime based on the act establishing the violation and that a 8 sentence imposed may be separate from and consecutive to or concurrent with a 9 sentence based on the act establishing a violation; and generally relating to crimes 10 relating to animals. 11 BY repealing and reenacting, with amendments, 12 Article – Criminal Law 13 Section 10–603 14 Annotated Code of Maryland 15 (2021 Replacement Volume and 2024 Supplement) 16 BY adding to 17 Article – Criminal Law 18 Section 10–627 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2024 Supplement) 21 2 HOUSE BILL 89 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 That the Laws of Maryland read as follows: 2 Article – Criminal Law 3 10–603. 4 Sections 10–601 through 10–608 and 10–626 of this subtitle do not apply to: 5 (1) customary and normal veterinary and agricultural husbandry practices 6 including dehorning, castration, tail docking, and limit feeding; 7 (2) research conducted in accordance with protocols approved by an animal 8 care and use committee, as required under the federal Animal Welfare Act or the federal 9 Health Research Extension Act; 10 (3) an activity that may cause unavoidable physical pain to an animal[, 11 including food processing, pest elimination, animal training, and hunting,] if the person 12 performing the activity uses the most humane method reasonably available, INCLUDING: 13 (I) FOOD PROCESSING ; 14 (II) PEST ELIMINATION ; 15 (III) ANIMAL TRAINING ; AND 16 (IV) ANY HUNTING OR FISHI NG ACTIVITY COMPLETE D IN 17 ACCORDANCE WITH TITLE 4 OR TITLE 10 OF THE NATURAL RESOURCES ARTICLE 18 OR ANY REGULATIONS A DOPTED UNDER THOSE T ITLES; or 19 (4) normal human activities in which the infliction of pain to an animal is 20 purely incidental and unavoidable. 21 10–627. 22 (A) FOR THE PURPOSES OF T HIS SUBTITLE, EACH ANIMAL HARMED I N A 23 VIOLATION OF THIS SU BTITLE IS A SEPARATE OFFENSE AND SHALL BE DEEMED AN 24 INDIVIDUAL VICTIM FO R PURPOSES OF THE SENT ENCING GUIDELINES ST ACKING 25 RULE. 26 (B) NOTWITHSTANDING ANY O THER LAW, A CONVICTION UNDER T HIS 27 SUBTITLE MAY NOT MER GE WITH A CONVICTION FOR ANY OTHER CRIME BASED ON 28 THE ACT ESTABLISHING THE VIOLATION OF THI S SUBTITLE. 29 HOUSE BILL 89 3 (C) A SENTENCE IMPOSED UNDER THIS S UBTITLE MAY BE SEPAR ATE FROM 1 AND CONSECUTIVE TO O R CONCURRENT WITH A SENTENCE FOR ANY CRI ME BASED 2 ON THE ACT ESTABLISH ING THE VIOLATION OF THIS SUBTITLE. 3 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4 October 1, 2025. 5 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.